0000000833 00000 n Various state legislatures have also passed Acts that detail various aspects of the acquisition process. Democracy in land acquisition. xref The new land acquisition Act takes care of the various shortcomings and anomalies present in the Land Acquisition Act of 1894 from the point of view of the people who own the land or whose livelihood is dependent on it. It was passed for the purpose of fair compensation in case of land acquisition, as well as transparency in rehabilitation and resettlement. THE LAND ACQUISITION ACT, 1894. 72 0 obj <> endobj startxref The salient features of this Act are as follows:- 1. Land Acquisition means government/private company purchasing private land for “ public purpose “. E-IV World Bank Involuntary Resettlement Policy (OP 4.12) 17. Whereas il is expedient 10 amend the law for the Acquisition of Land needed for public purposes and for companies and for dClcmimining the amount ofcompensation to be made Topic: Government policies and interventions for development in various sectors and issues arising out of their design and implementation. INSIDE OUR APP - ~SIMPLIFIED LAW Laws are divided into various categories such as : -Human Rights -Evidence -Petitions -Muslim Law -Income Tax -Laws for SC/ST -Utility -Marriage & Divorce and many more ~LAWS/ACTS Brief description of various Laws/Acts such as : -CrPC(Code of Criminal Procedure) -Civil Procedure Code -Indian Evidence Act -Land Acquisition Act, 1894 -Constitution of … 0000005584 00000 n 0000001180 00000 n Appropriate Government would mean the Central Government if the purpose for acquisition is for the Union and for other purpose it is the State Government. Salient Features Following are the salient features: To initiate process of Section 4 under The Land Acquisition Act 1894 in consultation with AC Raiwind/ Administrator for total area of 283 acres for proposed Khudpur site Section 5 Formal notification of land needed for a public purpose. With the passing of the Land Acquisition, Rehabilitation and Resettlement Bill by Parliament, a new chapter on the subject of land acquisition will begin in our country. However, the impact of the new Act on the Industry and economy as a whole also needs to be taken into account. trailer The bill was then passed by it on 29 August 2013 … No such restrictions on fertile land If project did not start, then acquired land was secretly sold/leased to private … 0000000596 00000 n E-I The Land Acquisition Act (LAA)1894 of Pakistan: 15. Table 1: Salient Features of the Land Acquisition Act 1894 and Successive Amendments Key Sections Salient Features of the LAA (1894) Section 4 Publication of preliminary notification and power for conducting survey. The proceeding before him cannot be called legal progressing. Aims and objectives 5. The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act… Land Acquisition Commissioner, following Vejravelu's case it was held that section 40-B, A. P. (Telengana Area) Housing Board Act, 1956, as amended in 1962 violated Article 14 as the basis provided for assessing compensation under that section was different from that provided by section 23 of the Land Acquisition Act, 1894. – The Land Acquisition Act of 1894 allowed the government to acquire the private land for public purposes, which could be used for large developmental projects like building roads, industries, mining, Public Private Partnership (PPP) projects, etc. Education development by either state or authorities likesociety/co-operative societies 0000008253 00000 n The 2013 Land Acquisition Act on substantial issues has remedied the shortcomings in the 1894 Act, but has complicated the process of acquisition, virtually making it a long-drawn-out process. %%EOF 3. The word award has not defined in Land Acquisition Act 1984. National defense and security purposes Power of ‘eminent domain’ •the Govt. But, under the British-era Land acquisition act of 1894, the term “public purpose” was ambiguous and open to executive-discretion. Acquisition of land by the government for public purpose or for the companies is governed by the Land Acquisition Act, 1894. endstream endobj 73 0 obj<> endobj 74 0 obj<> endobj 75 0 obj<>/Font<>/ProcSet[/PDF/Text]/ExtGState<>>> endobj 76 0 obj<> endobj 77 0 obj<> endobj 78 0 obj<> endobj 79 0 obj<>stream 1.2. Section 7 in The Land Acquisition Act, 1894 7 After declaration, Collector to take order for acquisition: Whenever any land shall have been so declared to be needed for a public purpose or for a company, the 36 [appropriate Government] or some officer authorised by the 36 [appropriate Government] in this behalf, shall direct the Collector to take order for the acquisition of the land. It is the only legislation pertaining to land acquisition which, though amended several … 2. ]����u\��k�Œ>z�X?_�W߉������f}��G|^_"B������>G"�mDr9����������|\��� �������w��W���14"{Ru!��U�,�Mǟ�����/���u>��H�NG 9V��RĠ����*s�׵M�za�_7OmV��w8�R�C�ޔd8�9�w�SY/�A��P���(U}6k�cF&I SIDDHARTH HARIANI and ROHITH ASHOK take a closer look at the Right to Fair Compensation and Transparency in Rehabilitation and Resettlement Act, 2013.. Land is a quintessential asset required for the development of infrastructure and urbanisation, both of which form the backbone of India's economic growth. E-II Legislation Relevant to Land Classification . resolution, penalties and exemptions. 0000000913 00000 n 16. Whereas it is expedient to amend the law for the acquisition of land needed for public purposes and for Companies and for determining the amount of compensation to be made on account of such acquisition; It is hereby enacted as follows:— PART I 0000002060 00000 n The salient features of the The Land Acquisition Act, 1894 are covered – Preliminary Investigation-Publication Of preliminary notification,- Payment for damages -Declaration of intended acquisition- Award by the collector; Reference to Court and procedure their on ;. 0000004763 00000 n Giving priority to the interests of farmers, landless labourers, dalits and farmers, the Act concerns only such cases where the land will be acquired by Central or State Authorities for any public purpose. I of 1894, Dated 2nd February, 18941 An Act to amend the law for the Acquisition of Land for public purposes and for the companies. Land Acquisition is governed by the Land Acquisition Act, 1894. Original concept of acquisition of land emerged from the colonial legislation, Land Acquisition Act, 1894. Table 1: Salient Features of the Land Acquisition Act 1894 and Successive Amendments Key Sections Salient Features of the LAA (1894) Section 4 Publication of preliminary notification and power for conducting survey. Land Acquisition Act – 2 questions. Section 5a covering the need for enquiry. 1BF}¡ªMq ›5´eåè c­s-7ˆI$‡ÿ ¾Wü+z4ù�ô8±U¹W*¾¢�KXmsÿ l�9uM`‹LÛ"*?7Ä#?+ÿ ßşyŞ Æv¿ıò¿á]œ«²5b¹­.ïY[µ[¨Ù. :Ɯ�x|��f4p��T�g|$���SV(a��4��u�`�1�g�s���;�H������o� W�����[��jur�BKT���D��MU5��_��D6���b'��C721�P�[L�p�h5f��>]ݮō~w�� =�>�n��������̦��4q�d����Sn+�Ez�a���̩7a�2�)�vM�C�.A恘�Ջ؉dA�s������YBKnO;�k:�F~���X� ?5��b%��ғ/D�. x�b```f``Z��������ˀ �@ 䘀������LH��E1K����c�J�}i.+��X��pv��\: T�摂900 2013 In cases where PPP projects are involved or acquisition is taking place for private companies, the Bill requires the consent of no less than 70% and 80% respectively (in both cases) of those whose land … 0000000016 00000 n 0000002136 00000 n 0 the land acquisition whether done by the central or state governments except the state of Jammu & Kashmir DRAWBACKS OF 1894 ACT The term “public purpose” was ambiguous and open to Government’s discretion Land could be acquired forcibly. So, poor peoples’ land was acquired … Land Acquisition Act, 1894 Ever since its enactment, the ”Land Acquisition Act, 1894” has been subject to controversies and fierce debate. The Act replaced the Land Acquisition Act, 1894, a nearly 120-year-old law enacted during British rule. LAND ACQUISITION ACT, 1894 [1 OF 1894] An Act to amend the law for the acquisition of land for public purposes and for Companies. 0000005308 00000 n The government has to follow a process of declaring the land to be acquired, notify the interested persons, and acquire the land after paying due compensation. 0000001596 00000 n IAct no. H��W�r��}�W��0%¸��������u$�R)Z0� ��w���w�t� ^d'�M����ӧO�y�ӝ'����/ެ׾��z{᭄�?�/�E���X? Land Acquisition Act of 1894 Outdated Law ... Salient Features of the Draft Bill Definition of Public Purpose Draft for Discussion purposes Only 6. This act has replaced the previous land acquisition act of 1894. The Land Acquisition, Rehabilitation and Resettlement Bill, 2011 was introduced in Lok Sabha on 7 September 2011. Section 5 They were given no voice in decision making. can acquire any property for public purpose with due compensation, - resulting into hue and cry over land acquisition Land Acquisition Act (1894) “law for acquisition of land needed for public purpose and for companies and for determining the amount of compensation to be made on account of such acquisition”. Purpose 6. 4) Discuss the salient features of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation Act (LAAR) that is about to be heard by the apex court bench. Land Acquisition Act 1894. 2 �X�x���A���- I��:�U��x��y�e�,�L@l ����0 ��9� The term “public purpose” was ambiguous and open to executive-discretion. It gave government the power to take over huge areas of land on behalf of private industries under making promises of making sacrifice for greater future. f?a)�V�P�����Gg� ��_d|R�AuOe]֏��j? He is engaged to make recompense under the land acquisition act. So, poor peoples’ land was acquired … Salient Features of the Draft Bill Urgency Clause The Urgency Clause can only be invoked in the following cases: 1. The 1894 Act. 86 0 obj<>stream The Land Acquisition Act of 1894 allowed the government to acquire private lands. Surveys for land acquisition are to be disclosed to the displaced persons. ½ZÈë\�ƽq,¤ı�J‚vî’;v­mV{íÑÍ• äükYR”cÌÎhb#)¸šôQEdt…Q@Q@Q@Q@Q@Q@Q@Q@Q@ Ö°õ�JúŞ&Òظ ��}�ӳQ�v�x�Y�� Government was free to decide how much money to pay while acquiring private land. 1894 once the acquiring authority has formed the intention to acquire a particular plot of land, it can carry out the acquisition regardless of how the person whose land is sought to be acquired is affected. 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